(1) Felony Cases.Absent a knowing and intelligent waiver, everyAn indigent defendant
facing a felony charge in state court is entitled to have counsel appointed at public
expense
to represent the defendant at every stage of the proceedingsproceeding from initial
appearance before a magistrate through appeal in the courts of this
state in all felony
cases,unless the defendant waives this right.

(2) Non-Felony Cases.Absent a knowing and intelligent waiver,
everyAn indigent
defendant facing a non-felony charge in state court is entitled to have counsel appointed
at
public expense to represent the defendant at every stage of the proceedingsproceeding from
initial appearance before a magistrate through appeal in the courts of
this state in all non-felony cases, unless the defendant waives this right
or the magistrate has determineddetermines that sentence upon conviction will not include imprisonment.

(3) Non-Indigent Defendants. The court shallmust
appoint counsel to represent a defendant
at the defendant's expense if the defendant is unable to secure the assistance ofobtain
counsel and is not indigent.

(b) Ex Parte Application for Financial Assistance. An indigent defendant may apply ex
parte for financial assistance to obtain investigative, expert, or other services necessary for
an adequate defense. The application, the record of any proceeding, and the order on the
application must be kept under seal, except upon order ofunless the
court orders otherwise.

(c) Inquiry Into Joint Representation.

(1) Joint Representation. Joint representation occurs when:

(A) two or more defendants have been charged jointly under Rule 8(b) or have been
joined
for trial under Rule 13; and

(B) the defendants are represented by the same counsel, or counsel who are associated
in
law practice.

(2) Court's Responsibilities in Cases of Joint Representation. The court must promptly
inquire about the propriety of joint representation and must personally advise each defendant
of the right to the effective assistance of counsel, including separate representation. Unless
there is good cause to believe that no conflict of interest is likely to arise, the court must take
appropriate measures to protect each defendant's right to counsel.

EXPLANATORY NOTE

Rule 44 was amended, effective September 1, 1983; March 1, 1990; March 1, 2001; March
1, 2004; March 1, 2006.

Rule 44 is a modification of Fed.R.Crim.P. 44 governing the appointment of counsel. In
non-felony cases, this rule provides for appointment of counsel when the defendant faces a
term of imprisonment, including a suspended sentence of imprisonment or a deferred
imposition of sentence, unless imprisonment is waived. In contrast, Fed.R.Crim.P. 44
requires appointment of counsel for all indigent defendants.

Rule 44 was amended in 1983, effective September 1, 1983, to add the
words "in the courts
of this state" in each of the first two sentences to make it clear that appointment of counsel
for indigent defendants at public expense is required only in proceedings through appeal in
the courts of North Dakota.

Rule 44 was amended, effective March 1, 1990. The amendments are technical in nature
and no substantive change is intended.

Rule 44 was amended, effective March 1, 2006, in response to the December 1, 2002,
revision of the Federal Rules of Criminal Procedure. The language and organization of the
rule were changed to make the rule more easily understood and to make style and
terminology consistent throughout the rules.

Subdivision (c) was added, effective March 1, 2006, to explain the court's duties in
situations involving joint representation of multiple defendants. A court inquiry is necessary
in these cases because serious conflicts can develop when a single attorney represents
defendants who may have different interests.